Maharaj v. Charter Communications, Inc.

Opinion

7 8 UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 DEVANAN MAHARAJ, Case No. 3:20-cv-00064-BAS-LL 11 Plaintiff, ORDER GRANTING PLAINTIFF’S 12 UNOPPOSED MOTION FOR LEAVE v. TO FILE FIRST AMENDED 13 COMPLAINT CHARTER COMMUNICATIONS, 14 INC., et al., [ECF No. 19] 15 Defendants. 16 17 Before the Court is Plaintiff’s Motion for Leave to File a First Amended Complaint. 18 (ECF No. 19.) Plaintiff seeks to correct factual allegations and make other minor 19 formatting and typographical edits to the pleading. The motion is unopposed by 20 Defendants. (See id. at 2–3; Ex. 3 to Decl. of David X. Lin, ECF No. 19-1.) 21 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 22 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 23 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 24 712 (9th Cir. 2001) (“A district court ‘shall grant leave to amend freely when justice so 25 requires.’”). Further, a party may amend its pleading without a court order where the 26 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 27 In light of the broad policy favoring amendments to pleadings and Defendant’s non- 28 opposition to amendment, the Court GRANTS Plaintiff’s Motion for Leave to File a First 1 |} Amended Complaint (ECF No. 19). The First Amended Complaint is deemed filed and 2 ||served as of the date of this Order. The Clerk shall file the proposed amended pleading, 3 || attached as Exhibit 1 to the Declaration of David X. Lin (ECF No. 19-1), on the docket as 4 || the First Amended Complaint. 5 Further, because the Court has granted Plaintiffs motion, the Court TERMINATES 6 || Defendant’s Motion to Dismiss the Complaint (ECF No. 14). See Lacey v. Maricopa Cty., 7 11693 F.3d 896, 927 (9th Cir. 2012) (en banc) (“[T]he general rule is that an amended 8 ||complaint supercedes the original complaint and renders it without legal effect[.]’’). 9 ||Defendant may, at its discretion, renew the Motion to Dismiss as to Plaintiff’s First 10 |} Amended Complaint. 11 IT IS SO ORDERED. 12 , 13 || DATED: May 15, 2020 (pill 4 (Doha 6 14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28